Request for invoices for major works

Response to this request is long overdue. By law, under all circumstances, Lewisham Homes should have responded by now (details). You can complain by requesting an internal review.

Dear Lewisham Homes,

FREEDOM OF INFORMATION ACT REQUEST

Data requested:

I'm writing to request that you release all invoices which Lewisham Homes received in relation to the Major Works at 17 to 30 Peters Path (eg from your contractors / subcontractors / consultants etc etc), which took place back in 2014/15... Everything Lewisham homes was billed, which went on to comprise a part of the charges you've now presented to the leaseholders of that building.

I request that you release all iterations of the aforementioned invoices - not only the final invoices. For example, if a contractor presented you an invoice which was later amended, updated, superseded or suchlike, for any reason, then I request that you release all versions and not only the final ones (it would be useful if you could point out such links/relations between iterative documents, if it does actually happen to be the case that such documents are present in this release).

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While I have requested this same data previously ( https://goo.gl/pLgeU7 ), I wish to make clear that (as previously stated) the former request was made on behalf of the leaseholder and it was made under the powers of The Commonhold and Leasehold Reform Act 2002, section 154.
You rejected that data request, citing S.21, on the basis that the leaseholder could obtain the data via other means.

Conversely, I am now making this request purely on my own behalf, for my own interests. It is the *first and only FREEDOM OF INFORMATION ACT request* that I have submitted for this data and also the first request at all that I've made *on my own behalf*.

I am not the leaseholder (that is solely Mrs Williams). I therefore cannot personally request this data on my own behalf, under the powers of The Commonhold and Leasehold Reform Act 2002, section 154. I therefore contend that S.21 cannot be cited in response to *this* new request.

While I am not the leaseholder, it is likely that I will financially contribute to the Major Works bill. I therefore have a personal interest in obtaining this data, on my own behalf.

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Preempting any temptation to refuse this data request by citing exemption under Section
14(2) repeat requests:

I refer you to the ICO guidance on this:
https://ico.org.uk/media/for-organisatio...
'A public authority may only apply Section 14(2) where it has either;
* previously provided the same requester with the information in response to an earlier FOIA request; or
* previously confirmed the information is not held in response to an earlier FOIA request from the same requester.
If neither of these conditions applies then the public authority must deal with the request in the normal manner.'

- You have *not* previously provided me with information in response to an earlier FOIA request.

- You have *not* previously confirmed the information is not held (on the contrary, you've said you have the data already prepared).

Therefore, I contend that you must deal with the request in the normal manner.

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Preempting any temptation to refuse this data request by citing exemption under Section
14(1) vexatious requests:

I refer you to the ICO guidance on this:
https://ico.org.uk/media/for-organisatio...
'Section 14(1) may be used in a variety of circumstances where a request, or its impact on a public authority, cannot be justified.'

- My personal justification for wanting this data is extremely clear: You've presented a bill for more than £10,000 for Major Works, which I would personally need to contribute to financially.
I'm simply asking for you to release the data which shows what this bill is comprised of.
I expect anyone would agree that it's perfectly reasonable for me to ask what I'm being billed for (I've seen a brief overview/summary, but I'd like to see the actual invoices which were sent to you).
Furthermore, there is a statute of limitation in The Commonhold and Leasehold Reform Act 2002, whereby the landlord cannot enforce the bill, if too much time has passed between when the landlord receiving the invoices and the time the landlord presented the bill for Major Works to the leaseholder. Given that three years have passed since the works commenced, there is a clear possibility that this time limit may have passed. There is therefore an obvious and justifiable reason why I'm asking for this data and it is not remotely vexatious.

- In terms of justifying the 'impact on a public authority' of this request... You told me in an email, sent Mon, Jul 31, 2017 at 5:49 PM, that you have *already* prepared this data and it's available for the leaseholder (Mrs Williams) to see [if she flies to the UK and goes to visit your offices - which is not practical].
Therefore, to deal with *this* new request right here, the impact on the public authority is practically nothing..... You have *already* compiled the data. All you need to do is scan it and attach it here, which should take no more than a few minutes of work.

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Regarding Lewisham Homes' continuing to deliberately withhold the data:

On the phone to Jana Blahova on 28/07/17, I was informed that Lewisham Homes managers have had a meeting with the legal team and "they've decided that they don't want to give you the data".

My hope is that, by submitting this new request in the format of a Freedom of Information Act request and solely from myself, for myself, that this will make you reconsider your decision to deliberately withhold the data that have confirmed you hold.

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I request that you respond promptly:

Under the terms of the Freedom of Information Act, the public body has an obligation to respond 'promptly' to requests.

I refer you to Section 10 (1) of the The Freedom of Information Act:
http://www.legislation.gov.uk/ukpga/2000...
which stipulates the following:
'a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt.'

Further, I refer you to pages 6 & 7 of the ICO's guidance on Time limits for compliance under the
Freedom of Information Act:
https://ico.org.uk/media/for-organisatio...
which stipulates the following:
Requirement to respond promptly
21. The obligation to respond promptly means that an authority
should comply with a request as soon as is reasonably
practicable.
22. Whilst this is linked to the obligation to respond within 20
working days, it should be treated as a separate requirement.
23. An authority will therefore need to both respond promptly and
within 20 working days in order to comply with section 10(1).
24. Authorities should regard the 20 working day limit as a ‘long
stop’, in other words the latest possible date on which they
may issue a response.
25. It also follows that an authority which provides its response
close to, or on, the final day of the 20 working day limit ought
to be able to both account for, and justify, the length of time
taken to comply with the request.

You told me in an email, sent Mon, Jul 31, 2017 at 5:49 PM, that you have *already* prepared this data and it's available for the leaseholder (Mrs Williams) to see immediately [if she flies to the UK and goes to visit your offices - which is not practical].

Given that you have *already* prepared this data, I request that you release it in response to this request, without delay. I suggest that 'as soon as reasonably practicable' would likely be tomorrow; Friday the 4th of August. If you are going to take any longer than that, please include a note with your response to explain what caused the delay.

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I'm really not being vexatious; I have clear, justifiable reason for wanting this data. Lewisham Homes has confirmed that it holds the data. Lewisham Homes has explicitly stated that it's deliberately trying to avoid releasing it to me - though you refuse to explain why you are doing this. The only reason I can possibly imagine is that you do not want me to become aware of the content of the data (perhaps it demonstrates that the Major Works bill you've sent is not enforceable, since these invoices you received may be beyond a certain time limit prior to you having sent the bill to the leaseholder)..... And that is clearly not an adequate justification for you refusing to release the data.

I request that you desist with the shenanigans and finally release the data.

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I request that you release the data digitally, by posting it here in this conversation chain in response to the request, at whatdotheyknow.com.

Yours faithfully,

Mr. Williams

Customer Relations Team, Lewisham Homes

Thank you for contacting the Customer Relations Team at Lewisham Homes. We
aim to respond to all emails within 2 working days.

 

If your email is about a repair, please call our contact centre on 0800
028 2 028.

 

Kind Regards,

 

Customer Relations Team

DISCLAIMER

Lewisham Homes is the trading name of Lewisham Homes Limited, which
is a company registered in England and Wales. Our registered office is
Old Town Hall, Catford Road, London, SE6 4RU.

Registered in England and Wales Company Number: 5887410

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Customer Relations Team, Lewisham Homes

Dear Mr Williams

Lewisham Homes - Freedom of Information request

Our Reference: 412372
Due date: 31 August 2017
________________________________________

Freedom of Information Act 2000

Thank you for your recent request.

Your request is being considered and you will receive a response within the statutory timescale of 20 working-days, subject to the application of any exemptions. Where consideration is being given to exemptions the 20 working-day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate).

Kind Regards,

Jana Blahova

Senior Customer Relations Officer
T: 0203 889 0646

Old Town Hall, Catford Road, London SE6 4RU www.lewishamhomes.org.uk

Dear Customer Relations Team,

Thanks for your most recent message here, but I'm perplexed that you are talking about '20 working days'...
You told me in an email, sent Mon, Jul 31, 2017 at 5:49 PM, that you have *already* prepared this data... So all you need to do is scan it and upload it here, which should surely just take a few minutes.

It's seems to me that you're already failing in your legal obligation to respond 'promptly' to this data request.

Yours sincerely,

Mr. Williams

Customer Relations Team, Lewisham Homes

Dear Mr Williams

This is a standard acknowledgement email for all FOI requests.

This acknowledgement advises you that we have up to 20 working days to respond, as stipulated by the FOI act. It does not mean that we will necessarily take the full 20 working days to provide the information.

The relevant team will get back to you as soon as they can.

Kind Regards

Jana Blahova

Senior Customer Relations Officer
T: 0203 889 0646

Old Town Hall, Catford Road, London SE6 4RU
www.lewishamhomes.org.uk

Dear Customer Relations Team,

My point is - you've said that the data is ALREADY prepared... So, given the legal obligation to respond as soon as reasonably practicable, can you not simply scan and upload the data RIGHT NOW?... It will just take you a few minutes' time.

Yours sincerely,

Mr. Williams

PS... Or alternatively, refuse to release the data and cite which section of the FOI you are refusing the data under...
... The 'up to 20 working days' is supposed to allow time to *prepare* the data (eg, if you had to go around multiple departments, or collate the data from multiple sources, or suchlike).......... My point is, you've said explicitly that the data was ALREADY prepared, BEFORE I submitted this request....... So, as I am understanding the law, you should be releasing the data (or explaining why you are refusing to do so) immediately.... Not waiting for a month before responding.

I've brought this matter to your attention at the very outset of this request, so please ensure the relevant managers are aware of this issue. This way, if you then *do* take weeks to respond, you can't later claim ignorance to this issue, once an Internal Review is requested on your failure to respond promptly.

Yours faithfully,
Simon Williams

Customer Relations Team, Lewisham Homes

3 Attachments

Dear Mr Williams,

Please find attached our response to your FOI Request, ref: 412372.

Kind Regards,

Customer Relations Team

Save time, do it online
lewishamhomes.org.uk
T: 0800 028 2 028

Old Town Hall, Catford Road, London SE6 4RU